CD Skripsi
Efektivitas Penyelesaian Tindak Pidana Penganiayaan Melalui Hukum Adat Petalangan Di Kecamatan Bandar Petalangan Kabupaten Pelalawan
Abstract
The 1945 Constitution provides an elaboration that the state recognizes and respects the units of indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of Indonesia as regulated in the Law as stated in Article 18B paragraph 2. Arrangements regarding the crime of persecution are regulated in article 351 of the Criminal Code. In Indonesia's positive law it is clear that if a person commits an intentional act aimed at damaging the health of another person, he will be subject to a prison sentence of 2 years and 8 months as stipulated in article 351 of the Criminal Code. But the settlement of the crime of persecution through the Petalangan customary law is not the case. If the case of the crime of persecution is resolved through the Petalangan customary law, it will be resolved peacefully through deliberation and bringing together the perpetrators and victims and improving order in society.
This type of research can be classified as sociological juridical research. With the research location taking place at Petalangan Customary Density in Bandar Petalangan District, Pelalawan Regency. While the population and sample are all parties related to the problem being studied. This study used data sources in the form of primary data and secondary data, and data collection techniques were carried out by means of interviews.
From the results of research and discussion, there are several points that can be concluded. First, in the community in Bandar Petalangan subdistrict, cases of criminal acts of persecution were mostly resolved through Petalangan customary law. Second, the settlement through the Petalangan Customary Law fulfills the wishes of the people because it also improves the order to the previous situation. Third, that the resolution of the criminal act of persecution through the Petalangan Customary Law does not have an element of revenge, rather it is about reconciling the perpetrator and the victim. The author's suggestion is that it is necessary to dig deeper and spread understanding about Petalangan Customary Law, so that the injunctions about Customary Law, especially regarding criminal acts, continue to be preserved by the community.
Keywords: Settlement-Persecution-Customary Law
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